SURINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant-accused No. 1 and four others sod charged for offences under302 read with Sections 34, 201 and 511 of the Indian Penal Code (for short IPC) for having allegedly committed the murder of one Sankh Singh allas Sokha on 23.11.1985 at about 5-9 p.m. One of them, by name Darshan Singh said be the Sarpanch of the village, could not be apprehended and eluded arrest, necessitating in his being declared a Proclaimed Offender (for short "P.O."), resulting in the trial before the learned Additional Sessions Judge, Jalandhar, being effectively proceeded in Sessions Case No. 8 of 1996 -Sessions Trial No. 11 of 1986 only as against the appellant and three others. The learned Trial Judge acquitted Bhajan Singh (A-3) and Baksha (A-4) on the ground that there is no evidence against them for having played any role in the occurrence, having regard the evidence let in by the prosecution. Though the appellant and one Tarsem Singh (A-2) were convicted for the offence under302 read with34, IPC, and sentenced life imprisonment, in addition the payment of Rs. 500/- as fine and jointly filed the appeal in this Court having lost their appeal before the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 399-DB of 1986. The second accused appears have died and on recording the same, his name was deleted from the array of appellants by an order dated 10.05.1996, leaving the above appellant as the sole appellant pursue this appeal. The necessary and relevant facts, as projected by the prosecution, are as hereunder:-

(2.) On 28.11.1986 at about 8.00 p.m., Harcharan Singh (PW-7) along with Rattan Singh, Jhalman Singh and Avtar Singh were said be present in the chowk of Gurudwara, making arrangements for Bhog Ceremony of Gurudwara Granth Sahib, which was take place on 29.11.1965, when the deceased Sankh Singh appears have come from the side of Tubewell in a drunken condition. He was said have proceeded wards the street leading the house of Darshan Singh (P.O.). At that time, the appellant, Tarsem Singh and Darshan Singh (P.O.) also seem have come in a drunken condition. The deceased appears have abused them in the name of sisters and remarked that the accused had disturbed his family life and subsequently they wanted grab his land also. On hearing the same, the accused gave pushes the deceased and PW-7 and others seem have intervened and made the accused let the deceased go free. As per the further version of the prosecution, all the accused thereafter dragged the deceased the house of Darshan Singh (P.O.) and after some time they heard the raula of Mar Ditta, Mar Ditta from the house of Darshan Singh (P.O.). Since the outer door of the said house was open, PW-7 along with Rattan Singh, Avtar Singh and Jhalman Singh went there and saw that Darshan Singh (P.O.) was sitting on the chest of the deceased, who was lying on the ground in supine position and Darshan Singh was in the act of throttling the deceased, while the appellant, Surinder Singh, was said be holding the deceased from his arms. Tarsem Singh, the other accused, was found be giving fist blows the deceased. Harcharan Singh and others were said have pushed Darshan Singh away from the chest of deceased and the appellant also released the deceased from his arms, fn the process at that stage. Darshan Singh (P.O.) appears have given 2-3 kick blows on the testicles of the deceased stating that the deceased used abuse daily and the matter was be settled once for all. The appellant appears have asked the others go out of the house of Darshan Singh as the matter was between the brothers. The appellant is said be the real brother of the deceased and they had one more brother by name Mohinder Singh, who was also said be living with the brothers in their house where the father of the deceased and the appellant by name Darshan Singh was said be also living with his wife. Thereafter, they seem have dispersed and on the next day it appears they came know that Sankh Singh died. PW-7 and others seem have discussed the matter among themselves and thereafter PW-7 went Police Station at Banga and gave a Statement (Ext.P.2) before the Police, on the basis of which a formal FIR (Ext. P.1) was said have been recorded.

(3.) During the course of investigation, inquest was said have been conducted and the body sent post mortem. Blood stained earth was also said have been lifted from the place of occurrence and a sketch of the place of occurrence was also said have been prepared. After inquiring and recording Statements from all concerned and arresting the accused and after receiving the post mortem report in which it was stated by PW-1, the Docr who conducted the post mortem examination, that the death was due Injury No. 4 on the testicles of the deceased resulting in neurogenic shock cardiac arrest, combined with asphyxia due injury the neck by Injury No. 1; that those injuries were sufficient cause death in the ordinary course of nature. Thereupon, the charge was laid as noticed supra and in the absence of Darshan Singh, the Sarpanch, who was declared be a Proclaimed Offender, the trial was continued and completed against the other accused. The learned Trial Judge was convinced of the case of the prosecution so far as Accused Nos. 1 and 2 are concerned and convicted them, as noticed earlier, but acquitted the remaining two, A-3 and A-4. Aggrieved, A-1 and A-2 pursued the matter on appeal before the High Court. The Division Bench of the High Court concurred with the conclusions and findings recorded by the learned Trial Judge and found no substantial merit in the challenge made the same, resulting in the dismissal of the appeal. Hence, this appeal.